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Preet Singh vs Assistant Commissioner of Income Tax, Circle 32(1) & Anr. – Delhi High Court | Section 2(14)(iii), 54B & 54F | Agricultural Land Not a Capital Asset | ITA 106/2023
Facts of the
CaseThe appellant/assessee, Preet Singh, filed an
appeal against the order dated 22.09.2022 passed by the Income Tax Appellate
Tribunal (ITAT) concerning Assessment Year 2013–2014. The Tribunal had
dis...
Commissioner of Income Tax (International Taxation)-1, New Delhi vs Brandix Mauritius Holdings Ltd. – Invalid Assessment Order for Non-Generation of DIN under CBDT Circular No. 19/2019 (Sections 147, 143(3), 144C, 292B, 260A of Income Tax Act, 1961)
Facts of the
CaseThe present appeal was filed by the Revenue against
the order dated 16.09.2022 passed by the Income Tax Appellate Tribunal
concerning Assessment Year 2011–12.The Assessing Officer passed the final
...
Alankar Apartments Pvt. Ltd. vs Deputy Commissioner of Income Tax Circle 1(1) – Reassessment u/s 148A(d) Set Aside for Non-Consideration of Reply on Statutory Liabilities
Facts of the
Case
The petitioner filed its return declaring statutory liabilities for
AY 2016-17 amounting to ₹8.51 crore.
The Assessing Officer (AO) observed a significant increase compared
to ...
ADM Agro Industries India Pvt. Ltd. vs Assistant Commissioner of Income Tax Circle 1(1) Delhi – Reassessment under Section 148A(d) & 148 of Income Tax Act upheld with opportunity to furnish evidence (Delhi High Court)
Facts of the
CaseThe present writ petition pertains to Assessment
Year 2013–14 and represents the second round of litigation before the Delhi
High Court. Earlier, the petitioner had challenged reassessment
proceedi...
Principal Commissioner of Income Tax–6 vs National Textiles Corporation Ltd. (Delhi High Court) – Penalty u/s 271(1)(c) Not Leviable for Bona Fide Wrong Claim of Foreign Exchange Loss
Facts of the
Case
The assessee, a public sector undertaking, filed its return
declaring income of ₹1,16,540, later revised to NIL.
During scrutiny, the Assessing Officer disallowed ₹14.25 crore
...
Shyam Communication Systems vs Deputy Commissioner of Income Tax (Delhi High Court, 2023) – Violation of Natural Justice in Assessment under Section 143(3)
Facts of the
CaseThe petitioner, Shyam Communication Systems,
challenged the assessment order dated 22.04.2021 passed under Section 143(3) of
the Income Tax Act, 1961 for AY 2018–19. The Assessing Officer (AO)...
PR. Commissioner of Income Tax-1 vs M/s Alcatel Lucent India Ltd. | Reassessment u/s 147 Invalid on Change of Opinion (Delhi High Court)
Facts of the
Case
The assessee filed its return for AY 2005-06 declaring a loss of
₹41.72 crores.
Assessment was completed under Section 143(3), determining income
at ₹40.29 crores.
A notic...
OYO Hotels and Homes Pvt. Ltd. vs Deputy Assistant Commissioner of Income Tax & Anr. (Delhi High Court) – Refund Withholding under Section 241A Held Invalid Due to Lack of Reasons
Facts of the CaseThe Petitioner, OYO Hotels and Homes Private Limited, filed
its Income Tax Return for Assessment Year 2020–21 declaring substantial losses
and claiming a refund arising primarily due to Tax Deducted ...
DLF Homes Panchkula Pvt Ltd vs Joint Commissioner of Income Tax (OSD) & Ors | No TDS on External Development Charges (EDC) | Section 194-I Not Applicable
Facts of the Case
The
petitioners (including DLF and other developers) were engaged in real
estate development.
They
paid External Development Charges (EDC) to Haryana Urban
Development Autho...
DLF Homes Panchkula Pvt Ltd & Ors. vs Joint Commissioner of Income Tax (OSD) & Ors. – No TDS on External Development Charges (EDC) Not ‘Rent’ u/s 194-I | Delhi High Court
Facts of the Case
Petitioners
are real estate developers engaged in development projects in Haryana.
They
paid External Development Charges (EDC) to HUDA as a statutory
requirement under HDRUA Act ...